Official Findings and Conclusions re: Klaus

Folks,
Here is the official document of Findings and Conclusions in the "BackDateGate" matter that supports the one year suspension without pay for Former Superintendent Klaus. Following it are the proposed changes to ECASD Board Policies and Procedures that will be made to tighten things up a wee bit. The votes that were 6-1 were the result of Comm. Kneer being the "cheese stands alone" for her buddy, Bill. However, the final vote for the Order for Suspension was unanimous. Maria

STATE OF WISCONSIN
BEFORE THE BOARD OF EDUCATION
FOR THE
EAU CLAIRE AREA SCHOOL DISTRICT


In The Matter Of The
Inquiry Of Dr. William Klaus

FINDINGS, CONCLUSIONS AND ORDER OF SUSPENSION

This matter has come before the Board of Education for the Eau Claire Area School District to
consider information concerning events related to the early retirement stipend for former
Superintendent, Dr. William Klaus. Specifically, the Board convened to determine the
circumstances surrounding a memorandum dated February 5, 2007, signed by Ms. Carol Olson
as School Board President, which was prepared to support Dr. Klaus’ claim for such benefits,
effective in August of 2007, immediately following his transfer to the position of Middle School
Principal.

The Board of Education met with Dr. Klaus on April 25, 2008. The Board also met with
members of its executive administrative team on April 29, 2008. Thereafter, the Board of
Education held a series of meetings to review and consider Board of Education policies, Board of
Education minutes and proceedings, responses to public records requests and e-mail
correspondence, related information from a separate police investigation, and District
administrative contracts.

Thereafter, a second meeting was scheduled with Dr. William Klaus. A meeting with Dr. Klaus
was originally contemplated for July 7, 2008, but was postponed at the request of Dr. Klaus’
legal counsel. The meeting was subsequently rescheduled for July 17, 2008. The meeting was
again postponed to July 28, 2008, to allow for additional notice to Dr. Klaus of the charges to be
considered by the Board of Education. Those charges were formally issued on July 22, 2008.

The Board of Education met with Dr. Klaus and his legal counsel on July 28. The changes were
reviewed with Dr. Klaus and he was provided with an opportunity to respond to each charge
presented. Dr. Klaus and his legal counsel were presented with information that had been
assembled by the Board of Education during its inquiry, and informed of additional matters that
the Board had taken notice of. Dr. Klaus’ legal counsel also encouraged the Board to ask
questions of Dr. Klaus concerning the charges, and the Board considered Dr. Klaus’ responses as
well as his demeanor in evaluating those responses.
Following the meeting with Dr. Klaus, the Board of Education deliberated for approximately
three (3) hours, but did not conclude those deliberations. The Board met again on August 4,
2008, to continue and conclude its deliberations.

The Board, having done so, makes the following Findings and Conclusions concerning the
Charges presented to Dr. Klaus. The Charges appearing in the notice for the July 28, 2008,
meeting are reprinted below, together with related Findings and Conclusions made by the Board
of Education.

FINDINGS AND CONCLUSIONS

1. Dr. Klaus had the document dated February 5, 2007, created and/or was responsible for
creating it, and then provided the document to District personnel for the purpose of
securing or receiving retirement benefits. In this regard:

a. The attached document was created using District staff, materials, and time.

b. The attached document was placed on District letterhead or paper that bears the
logo or insignia of the District.

c. The attached document was prepared to be signed, and was signed by former
Board President Carol Olson, although she was not Board President when the
document was prepared or signed.

d. The attached document was backdated to reflect the same date that Dr. Klaus’
administrator contract originally had been approved by the Board of Education
(February 5, 2007), although it was created and signed during the summer of
2007.

e. The attached document was presented to District personnel to process Dr. Klaus’
request for payment of retirement benefits, without disclosure to District Payroll
personnel that the document had not been prepared on the date set forth in the
document or by a current Board of Education President.

Finding and Conclusion: The Board noted that these charges were substantially undisputed and
unanimously found this information to be true and correct.

2. Dr. Klaus presented or had the attached document presented to District personnel that are
responsible for administering District retirement benefits, for the purpose of securing or
receiving those benefits.

Finding and Conclusion: The Board noted that this charge was substantially undisputed and
unanimously found this information to be true and correct.

3. Dr. Klaus intended, knew, and/or should have known that the attached document would
reasonably lead persons receiving it to believe that it had been prepared by a current
Board of Education President on the date appearing on the document, and that it
constituted an authorized statement of or on behalf of the District’s Board of Education
regarding Dr. Klaus’ eligibility for retirement benefits.

Finding and Conclusion: The Board concluded that this charge was true and correct by a 6-1
vote.

4. Dr. Klaus did not confer or request to confer with the full Board of Education regarding
his eligibility for retirement benefits prior to seeking those benefits through the means
identified in Paragraphs 1 and 2, above.

Finding and Conclusion: The Board noted that this charge was substantially undisputed and
unanimously found this information to be true and correct.

5. Dr. Klaus did not advise the Board of Education in advance or obtain Board of Education
authorization to arrange for or take the action(s) described in Paragraphs 1 and 2, above.

Finding and Conclusion: The Board noted that this charge was substantially undisputed and
unanimously found this information to be true and correct.

6. The Board of Education did not authorize payment of Dr. Klaus’ retirement benefitseffective August 1, 2007, before his actual retirement from District employment. In
addition, Dr. Klaus did not reasonably believe that the Board of Education had authorized
the payment of his retirement benefits effective August 1, 2007, before his actual
retirement from District employment.

Finding and Conclusion: The Board considered this question in two parts. As to the first
sentence, the Board concluded that the charge was true and correct by a 6-1 vote. As to the
second sentence, the Board concluded that this charge was true and correct by a 5-2 vote.

7. Dr. Klaus maintained custody of his own administrator contract file and made and
supervised the process of making periodic changes to his administrator contract. Dr.
Klaus did not obtain Board of Education authorization to follow this procedure and did
not provide copies of his contracts to the full Board of Education before they were signed
by representatives of the Board.

Finding and Conclusion: The Board concluded that this charge was sustained, in part, with the
remainder to be set aside by a 6-1 vote, finding that Dr. Klaus maintained his own administrative
contract, and made and supervised the process of making periodic changes to his administrator
contract without obtaining Board authorization.

8. Dr. Klaus failed to provide timely, accurate, and complete information to the Board of
Education regarding the events described in Paragraphs 1-2, above.

Finding and Conclusion: The Board concluded that this charge was true and correct by a 6-1
vote.

9. Dr. Klaus’ conduct was and has been a substantial factor in generating adverse publicity
and/or has impacted upon public confidence in the District.

Finding and Conclusion: The Board concluded that this charge was true and correct by a 6-1
vote.

ORDER

1. Dr. Klaus shall be suspended without salary, commencing on August 11, 2008, through
June 15, 2009. The District will continue to provide contractual insurance benefits
(health, dental, disability, and life insurance) to Dr. Klaus, but there will not be further
accrual, earning, or use of vacation, sick leave, reimbursable expenses, holiday pay, or
other benefits during the term of his disciplinary suspension.

2. Dr. Klaus shall be transferred to an administrative position to be determined by the
Superintendent, in his discretion, effective upon the conclusion of Dr. Klaus’ suspension.
In this regard, the Board disputes the validity of the 2009-2012 administrator contract for
Dr. Klaus, but acknowledges its belief that his administrator contract was extended
through 2009-2010, by action of the Board of Education.


__________________________________
President, Board of Education

Date: _____________________________


__________________________________
Clerk, Board of Education

Date: _____________________________



BOARD OF EDUCATION
FOR THE
EAU CLAIRE AREA SCHOOL DISTRICT


The following protocols and/or Board policies will be considered and evaluated by the Board of
Education. The Board will review and/or implement protocols or policies that may include the
following after receiving input from appropriate persons, if needed. Further, in some instances,
long term goals may need to be formulated where matters such as contractual commitments
prevent making more immediate change.

A summary of protocols/policies to be reviewed or considered, includes the following:

A. Administrator Contracts

1. Administrators shall have one (1) individual administrator contract, consistent
with s. 118.24, Wis. Stats., at any given time.

2. The term of individual administrator contracts shall not exceed two (2) years but a
contract for a term of two (2) years may provide for one or more extensions of
one (1) year each, consistent with s. 118.24, Wis. Stats.

3. All executive administrator contracts shall be provided to all Board members for
review before they are brought before the full Board and executed. In the case of
non-executive/affiliated administrators, individual contracts will be standardized
and exceptions must be provided to the Board of Education for review and
approval prior to their execution.

4. Individual administrator contracts shall be maintained by the Director of Human
Resources. The Director of Human Resources shall be responsible for advising
the Board of Education of any deadlines for Board action on administrator
contracts, whether provided for by statute or by contract terms.

5. Administrator contract review:

a. The Board will commission legal review of executive administrator
contracts.

b. The Board will review and consolidate policies relating to administrator
contracts.

6. Individual administrator contracts shall state that contracts entered into between
the District and the administrator supersede previous contracts between the
parties.

7. Each page of executive administrator contracts shall be initialed and dated by the
parties.

B. Meeting Procedures

1. Minutes of all meetings will be reviewed by the Superintendent and appointed
Board of Education representative within five (5) working days following official
meetings.

2. Official action taken by the Board of Education will be by motion and vote, which
shall be recorded in the Board of Education’s meeting minutes, whether the
meeting occurs in open or closed session. Where required by law, a roll call vote
shall be taken.

3. The person responsible for recording the minutes will be identified in the minutes,
as well as the beginning and ending times for the meeting.

C. The Board of Education will be advised of all public records requests.

D. Members of the Board of Education will be advised of official actions requiring Board of
Education officers’ signatures at or before regular Board of Education meetings.

E. The Board of Education will evaluate procedures for development of appropriate whistle-
blowing policies.

F. The Board will review the District’s annual audit procedures for appropriate
recommendations in segregation of duties.